The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-05-19
Judge Cooley Defines tbe Scope of Their
Authority in Certain Plain Cases.
The Fourth Section Can Only Be Suspended
Where the Reasons Are Special and Pecu-
liar, and Circumstances Exceptional.
The Law Is Intended for the Good of the
Many. Not the Benefit of the Few.
Defense Of the Commissions Action in Sus-
! pending the Long and Short Haul Clause
General Railway News and Local Notes.
THE INTERSTATE LAW.

THE INTERSTATE LAW.
Judge Cooley Explains the Scope of the Au-
thority Held by the commissioners.
WASHINGTON, May 1S.-The following i'm
portant letter, defining the powers of the Inter-
state-commerce Commission in certain cases, was
sent out by chairman Cooley to-day:
-. H. Hanley. Traffic Manager Minneapolis North
western Railway Company
Dear Sir-The Commission is in receipt of a
telegram from you. by which you urge the
prompt making of an order for relief upon the
application heretofore filed for the suspension of
the long-and short-haul clause, in far as 1t
affects, at certain points. the business of the
road under your charge. You state, and no
doubt believe, that the interests of the road
being very seriously injured by the enforcement
of that clause If relief could be given you with
out stretch of authority, and without at
the same time. causing mischief to other
interests, the commission would take great pleas
ure in granting 1t. But what evidently appears
to you very easy and simple does not seem TO its
members TO be So and, however anxious they
are that your Interests should not continue to
suffer. they are constrained hold the applica-
tion under advisement still longer. Perhaps
the delay entities you to some further statement
of reasons than has heretofore been given, aud,
though these cannot now be gone into at length.
it is hoped that brief summary will be snf-
fcient to satisfy you that the commission does
not act arbitrarily. and would lot willingly suf
fer mischief to continue if remedy, both lawful
and safe, lay within it's power.
Railroad companies, including your own,
1
many cases to charge more for the shorter haul,
judging for themselves whether the circum-
stances and conditions authorized or required it.
Congress. in passing the act. decided that the
rule should thereafter preclude this greater
charge, and in doing it must be understood to
have determined that. in its judgment, any Incl
dental injuries that might flow from the enforce
ment of the general rule would be more
than counterbalanced by resulting benefits
Whatever opinion any member Of the commits
sion may have of the correctness of this deter
w. M
mission is as much bound by it as are the car
rers of persons and property, and any question
ing OF 1t by any lem ber would be imperti-
nence The commission, of course, did not
pect to question it. but to enforce it, far it
may fall within its duty to do So The act,
nevertheless. contemplates that there may be
cases in which the public interest will be SUBJ
served by suspending the general rule so far
to except such cases from its operation The
commission will not, this time. enter upon q
critical examination of the provision which was
made for such suspension, but it may be useful
TO call your attention to o few considerations
which are obvious on the face of the law.
'First-1t is obvious that the cases the law
contem plates, in Which the commission is
authorized to make orders for such suspension.
exceptional cases, that is to say, whose
facts make them stand apart from the ordinary
case The act does not define them; it does
state the grounds that shall warrant relief; it
plainly intends that those grounds, in every
case, shall be special and peculiar, and that
where only general reasons operate, the general
law shall be left to its general course however
serious may be tho consequences particular
cases and to particular roads and interests
''Second-It is also made plain by the act that
any order for susr ension was intended to be
based upon an investigation which would satisfy
the commission that the case was, in fact, excep-
tional and fairly within the intent of the pro-
visions NJ ade for the relief. The jurisdiction of
the commission to make orders WAS evidently
meant to be somewhat closely restricted. The
commission, in its correspondence, is every day
made aware of the prevalence. in some quarters.
of a vague notion that power has been conferred
upon it to interfere anywhere, and for any rea-
satisfactory to itself, in order to prevent
what it may think is likely to be harmful; buf
vcu, of course, indulge such baseless notion.
The commission. as you will agree must find its
authority in the law, and not IN its own idea OF
right policy.
s.Third-It must be assumed that Conpress
intended the general law, in its main feature at
least, to be a permanent law for the country.
It must, therefore. have contemplated that con-
siderable sacrifices must necessarily be submit
ted to by some parties and some interests, for
the reason that it would be quite impossible to
introduce considerable changes in branch OF
the law which concerns so intimately the COM
rnerce of the country without serious conse-
Qt,ences to some private interests. In all such
the incident tai injuries, however great they
may be- are necessarily borne for the general
good, and If the Legislature misjudges as I'd
what the general good demands, it is to be ex-
pected that in due time it Will provide the rem
edy:
'.The first questions to confront the commits
sion upon its organization were raised the
fourth section OF the act. Cases in which com.
panies were charging more for shorter hauls
than for the longer over the same line in the
same direction, were to be met with in all rarta
of the country. The reasons for doing this were
thought by the managers, in many cases, to be
absolutely Imperative. and to concern the inter
est of the public quite as much as that of the
roads themselves. The interests which were in
voved in the continuance OF the custom wers
very great. and the anticipation of serious in
jury from any sudden change was, in some quar-
ters, quite general The commission. therefore.
had very earnest appeals made to it, in support
of the corporate applications for relief, from
boards of trade and other public or sem-pubiic
bodies, and from representatives of large busi-
ness interests which feared or professed to fear,
destruction or bankruptcy. In many cases the
appeals seemed to be made in the belief that the
probability of injury was of itself, sufficient
warrant for the commission To interfere and
grant relieving order
ut is scarcely necessary to say 70 you that
any such belief is without legal support The
probability, ever the certainty, that injury TO
corporations 20 individuals will result is not,
by itself, under the act. any ground for a sus-
pension anywhere of its ordinary operations.
It could not in fact be made ground for relief
without giving the commission such general
dispensing power as would not be consistent
with sound principles of government Congress
has not intimated intention TO give such
power. If the law, in its general operation,
to prove generally and equally mischievous IN
all directions, the commission instead of having
the greater power, for that reason would, on the
other hand, have no power of suspension what.
ever. for the simple and plain reason that there
would then be exceptional for it
to act upon, and therefore referred by
the act to its Judgment. But uniform effects
were, of course. as far from being possible
they were from being contemplated. There
must and will be exceptional cases. In the alb
sence of any specification of these IN the acf
itself the commission obliged to Determine,
as best it might. what cases were probably In thu
mind of Congress when the exceptional reliei
was provided for It also found itself confronted
with the question whether the roads might de-
termine for themselves, but at their peril,
whether, in any particular case. the crcum-
stances and conditions were so far dinerent as to
Justify tha greater charge for the shorter haul,
or whether, on tia other hand, ir was only upon
and IN view of such different circumstances and
conditions that the commission empowered
to act
"Upon these subj sets the debates in Congress
might be expected to throw some light. but the
commission felt itself justified. if not compelled.
to look beyond the record and to seek such aid
in construction might be derived from study
of the condition of things pertaining TO the
frap Att of yhtcn